Welcome to The Markup, our weekly insights and analysis of the latest in election law and policy.
We are tracking 1,379 bills this session across 49 states. Our analysis finds that 583 bills improve voter access or election administration and 358 bills restrict voter access or election administration.1
IMPROVING VOTER ACCESS OR ELECTION ADMINISTRATION
Federal judge strikes down ID requirements for mail ballot applications in Texas.
A federal judge in the Western District of Texas held that provisions in 2021’s S.B. 1, which required mail ballot applicants to provide an ID number, have a discriminatory impact on voters with disabilities. The decision also struck down provisions requiring individuals assisting voters to take an oath under penalty of perjury. The state is expected to appeal the ruling.
Idaho extends voter registration deadline.
Gov. Brad Little signed H.B. 278 into law. The bill extends the voter registration deadline by nearly two additional weeks and gives counties discretion to start early voting up to one week earlier.
Maryland legislature advances multiple pro-voter bills.
The Maryland legislature advanced several bills aimed at improving voter access and administration. These include: S.B. 93 (requires officials to send information about applying for a mail ballot to eligible voters who are not on the permanent list before each election); H.B. 781 (requires guidelines at voting sites to assist older voters and voters with disabilities, including expedited lines and training); H.B. 983 (requires language assistance and translated materials in areas with significant non-English speaking populations); and S.B. 534 (changes poll worker compensation models). These bills now move to the opposite chamber for consideration.
RESTRICTING VOTER ACCESS OR ELECTION ADMINISTRATION
Wyoming enacts documentary proof of citizenship mandate.
Wyoming became the first state to enact a documentary proof of citizenship bill into law this year when H.B. 156 became law without the governor’s signature. The new law mandates that all voter registration applicants present proof of U.S. citizenship, such as a passport, birth certificate, or certain driver’s licenses. At least 19 additional states have similar bills pending. Wyoming also passed bills expanding data-sharing among state agencies to identify ineligible registered voters and prohibiting the use of private funding for election administration.
Federal appeals court upholds ruling striking down Mississippi’s postmark deadline for mail ballots.
The 5th U.S. Circuit Court of Appeals left in place a district court ruling that struck down Mississippi’s law allowing mail ballots to be counted if received after Election Day, as long as the return envelope is postmarked on or before Election Day. The ruling mandates that all mail ballots in federal races must be received by Election Day to be counted. Separately, U.S. Congressman Darrell Issa (CA-48) filed a lawsuit challenging his state’s policy of accepting properly postmarked ballots up to seven days after an election.
Arizona legislature advances bills that would restrict mail voting and eliminate in-person early voting.
The Arizona Senate passed S.B. 1001, which would make it easier to remove a voter from the permanent mail voting list, shorten the window for curing ballots, and more. The bill now heads to the House. Several bills passed their second chamber committee, including H.B. 2017 (eliminates in-person early voting, prohibits the use of voting centers on Election Day, and restricts precinct size); S.B. 1052 (denies eligibility to vote to individuals who are children of registered Arizona voters but have never lived in the United States); and S.B. 1098 (requires voters returning early ballots to present ID and creates new regulations for individuals returning early ballots on behalf of other others).
ON OUR RADAR
Kentucky governor signs bill to create Elections Investigations and Security unit.
Gov. Andy Beshear signed H.B. 455 into law, which establishes the Unit of Election Investigations and Security within the attorney general’s office. The bill will give the attorney general expanded authority to investigate alleged election crimes.
Kansas legislature sends two bills to the governor’s desk.
Two bills are awaiting Gov. Laura Kelly’s signature or veto. S.B. 5 would prohibit state agencies from accepting most federal funds for election administration. H.B. 2020 would direct the DMV to provide the secretary of state with a list of all driver’s licenses issued to noncitizens for comparison with the state’s voter rolls. Registered voters who have been issued noncitizen IDs would be required to provide documentary proof of citizenship, such as naturalization documentation, or have their registrations cancelled.
Georgia Supreme Court reviews State Election Board’s authority over proposed certification rules.
The Georgia Supreme Court heard arguments over whether the State Election Board overstepped its authority by creating controversial election rules ahead of the 2024 general election. These rules could threaten the certification of election results, impose stricter ID requirements for mail voters, and give poll watchers greater access. A lower court previously blocked the rules.
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- Our State Voting Rights Tracker is people-powered – our team of election lawyers read and analyze election-related bills across all 50 states and Washington, D.C. We strive to provide immediate analysis of all pending and current legislation; however, during periods of high volume – i.e. when legislatures are first convening for the year and introducing hundreds of new bills each day – we prioritize those that are advancing through legislatures over newly introduced legislation. For questions about our methodology or analysis, email tracker@votingrightslab.org. ↩︎